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(영문) 대전지방법원 2013.11.07 2013노1642

사기

Text

The defendant's appeal is dismissed.

The defendant shall obtain money from C who is an applicant for compensation 19,660,000 won and G who is an applicant for compensation.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is the confession and reflect of each of the crimes in this case, and the criminal records of the first head of the crime in this case as stated in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the equality is to be considered in the case of the judgment at the same time. On the other hand, it is recognized that the sum of the amount obtained by deception through each of the crimes in this case is not less than KRW 40 million, the sum of the amount obtained by the crime in this case is not less than KRW 40,000,000, not less than the victims until the trial, and the damage recovery is not made, and all of the sentencing conditions such as the defendant's age, character and behavior, environment, criminal records

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since each application for compensation order by the applicant for compensation is well-grounded, each of them shall be accepted pursuant to Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and a provisional execution is ordered.